경영판단의 원칙과 업무상배임죄

Today than in the individual activity areas and influence of corporations is growing moreeconomic activity. For the Law on Corporate activities that can be considered as activitiesof the enterprise, but by the judgment of a natural person. Management of the businessjudgment made in the most flexible of the situation is also often the case that anindeterminate result. About whether you need to exclude the application of the criminallaw in these circumstances, when the art business baeimjoe version, and product versionresulting damage to the company, and that a judgment for the corporate executives of theCompany is committed to a good faith business judgment obligation note the variousopinions in the criminal justice academia may confront. The majority opinion of the viewthat if some of the scholars on duty also as haeseokron tube care course on the principlesof the business judgment of the directors of the United States to accommodate the specificprovisions of the Law on the business judgment of the directors, but our country is. Opinions are divided according to various scholars as to whether to apply the principlesof the United States case law baeimjoe business law business judgment. There are twoopinions on the big picture. The position that you can exclude the application of businessprinciples baeimjoe if introduced into the Criminal Code of the business judgment ruleapplicable to the conduct of the business judgment of the directors first. Can not beintroduced in the Penal Code and the second is the principle of management judgment andtherefore can be divided into a position that should be punished even if the conduct of thebusiness judgment la baeimjoe business. Opposed to the introduction of a number ofopinions. There is no silik also be weighted in favor of the accused are responsible forchecking the level of proof. In conclusion of this paper, the criminal and commercial trustbeach is the punishment for 'successful criminal offense' and a breach of trust, not actwillfully "failed criminalization of business conduct 'suggesting that the legislative inten . And judges established whether deliberate in the beach of trust business by the businessjudgment in cases of the Supreme Court, but can not see is that this is an introduction tothe principles of the business judgment of the United States, only the high for themisappropriation action when claims management judgment management of the companyonly be a standard for determining whether or not to exist. Therefore, according to ourcriminal law is only the established criteria for determining whether deliberate the beach oftrust business established principles of management in business judgment. But you can seethat to some extent acts as a limiting factor in the business the beach of trust businessestablished principles of management judgment.